HomeMy WebLinkAbout03/26/2012 Adopted as Amended
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��Qa��;rheway Council Meeting Minutes
MARCH 26, 2012
Minutes of a regular meeting of Council held on March 26, 2012 at 7:00 p.m., in the
Council Chambers.
Councillor Hooper led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Manager of Internal Audit, C. Carr
Director of Community Services, J. Caruana
Manager of Communication & Marketing, J. Cooke, attended until
7:56 p.m.
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated at this meeting.
ANNOUNCEMENTS
Councillor Traill advised that she has met with residents of the Swindells Street and
Longworth Avenue area and that the garbage can will be restored to Longworth Park
today.
Council Meeting Minutes - 2 - March 26, 2012
Councillor Partner announced the following:
On Monday, Len Creamer, Manager of Municipal Law Enforcement, spoke at
the Newcastle Ratepayers’ Association meeting on the whys and why nots of
by-law enforcement
On Wednesday, Port Granby residents attended another meeting with the
Federal Government to address areas of concern regarding the Port Granby
Project
On Saturday evening, “Rainstone” played to a sell-out crowd at the Orono
Town Hall Pub Night
On March 29, 2012, a Creative Social, a networking event for artists in Durham
Region, will be held at a Gift of Art in Newcastle. Tickets are $10
On March 31, 2012, the Easter Bunny Breakfast will be held in Newcastle from
9:00 a.m. until 11:00 a.m., there will be an Easter Egg Hunt in Orono starting at
10:00 a.m. and the Ganaraska Region Conservation Authority will be hosting its
annual “Maple Syrup Day” from 10:00 a.m. until 1:00 p.m. at the Ganaraska
Forest Centre
Councillor Novak announced the following events she attended:
The Hancock Neighbourhood Park Open House
The Abilities Centre Tour
The ribbon-cutting ceremony for the new Shoppers Drug Mart in Courtice
The Clarington Board of Trade “Simply Social” event at the Visual Arts Centre
The grand opening of the FreshCo store on Longworth Avenue
The Durham Hospice Beach Ball fundraising event
Councillor Neal announced the following events he attended:
The Hancock Neighbourhood Park Open House
The ribbon-cutting ceremony for the new Shoppers Drug Mart in Courtice
The grand re-opening of Curves fitness in Bowmanville
The Euchre Tournament at the Clarington Older Adult Association
Councillor Hooper announced the following:
At the Annual General Meeting of the Clarington Older Adult Association held
on Friday, Jim Boate, John Hutchings, Cathie Ward, Elaine Spicer and
Gary Bray were elected
th
The Euchre Extravaganza held on March 24 at the Beech Centre was a huge
success with sixty tables of players
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There will be a Murder Mystery Dinner Theatre on April 11 hosted by the
Clarington Older Adult Association at the Orono Town Hall
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On Wednesday, April 18 Scott Woods will be in concert at the Garnet B.
Rickard Recreation Complex with a tribute to fiddle legends
Council Meeting Minutes - 3 - March 26, 2012
He attended the re-opening of the Curves fitness and the new FreshCo grocery
store
The Clarington Triple “A” Minor Pee Wee hockey team won their division at the
Ontario Minor Hockey Association Championship tournament held at the
Garnet B. Rickard Recreation Complex on the weekend and will host the event
again next year
Marg Maskell hosted visitors who came specifically to see the Bowmanville
Tribute Bridge on Highway #2 and Sam Reid, Audio/video Production Manager
is in the process of doing a music CD release for Allan Frew, formally of Glass
Tiger
On Saturday, March 31 and Sunday, April 1, 2012, “Spring in Enniskillen”
Customer Appreciation Days will take place at Gallery on the Farm,
1721 Regional Road #3 and Timeless Essentials, 2258 Regional Road #3
Councillor Woo announced the following:
He attended the first wing-eating contest held at Wild Wing in Bowmanville in
support of Epilepsy Durham Region. Councillor Woo noted Members of
Council were wearing purple tonight in support of “Purple Day for Epilepsy”
Mayor Foster announced the following:
He dropped the ceremonial puck for the Triple “A” Ontario Minor Hockey
Association Championship tournament held at the Garnet B. Rickard
Recreation Complex
He extended congratulations to the new Directors of the Clarington Older Adult
Association
An Open House for the Community Development Council Durham will take
place in Ajax on March 27, 2012
The Durham Region Homebuilders’ Association Dinner will be held on
March 27, 2012
On Saturday, Durham PFLAG will host an “Evening of Glamour” Gala event in
Oshawa
The Eagles Tribute Band “Hotel California” will be playing at the Newcastle
Community Hall on March 31, 2012, with proceeds to the Historical Garden
Project
Durham Region will be holding a public meeting on April 4, 2012, on the direct
election of the Regional Chair
Council Meeting Minutes - 4 - March 26, 2012
Resolution #C-102-12
Moved by Councillor Neal, seconded by Councillor Novak
THAT the minutes of a regular meeting of Council held March 5, 2012, be approved.
“CARRIED”
PRESENTATIONS
Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, presented a
Heritage Plaque to Bill Paterson in recognition of the designation of 20 Horsey Street
as a property which has historic and architectural value under the Ontario Heritage
Act. Mayor Foster thanked Mr. & Mrs. Paterson for their vision, noting this is the third
home the Paterson’s have restored and had designated.
Mr. Paterson displayed tools that were found in the workshop that will be donated to
the museum. He also thanked Ms. Tibbles for the research she conducted.
DELEGATIONS
Dianne McKenzie, Executive Director, Epilepsy Durham Region, addressed Council
concerning Correspondence Item I - 15 - Purple Day for Epilepsy Awareness – March
2012. Ms. McKenzie thanked Council for providing her with the opportunity to bring
greetings on behalf of Epilepsy Durham Region. She noted the organization is
running a Public Awareness Campaign during the month of March to raise awareness
about epilepsy and to eradicate the stigma associated with epilepsy. Ms. McKenzie
stated “Purple Day for Epilepsy” was the idea of Cassidy Megan who was motivated
by her own struggles and who wanted people with epilepsy everywhere to know they
are not alone. Ms. McKenzie congratulated Council on their efforts to make a positive
change in the community by proclaiming March as “Epilepsy Awareness Month” and
March 26, 2012 as “Purple Day for Epilepsy Awareness”. She noted this year marks
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the 25 Anniversary of Epilepsy Durham Region and that the organization will
continue to provide support and services to individuals and families living with
epilepsy; however, they rely solely on donations from the public. Ms. McKenzie stated
that by becoming involved we all build a better community.
Ms. McKenzie presented a Certificate of Appreciation to Mayor Foster for proclaiming
March as “Epilepsy Awareness Month” thereby ensuring a brighter future for those
living with epilepsy.
Ronald Kanter addressed Council on behalf of his client, Rick Rondeau, concerning
Item 6 of Report #1 and Correspondence Item D – 7 Proposed Amendments to Site
Alteration By-law. Mr. Kanter stated Mr. Rondeau is a builder in both Durham and
York Regions. He expressed concern that the proposed amendment would prohibit
Mr. Rondeau from trucking excess fill from one of his developments in York Region to
another development in Clarington.
Council Meeting Minutes - 5 - March 26, 2012
Mr. Kanter stated his client has restored a gravel pit and constructed a high-end
development, and as his actions were not the cause of the proposed amendment, he
should not be punished. Mr. Kanter indicated that four aspects of by-law are of
concern to his client. His principle concern is the restriction against bringing any fill to
Clarington, no matter how clean, that comes from any other municipality. Mr. Kanter
stated he does not see any absolute relationship between quality and cleanliness of fill
and where it comes from. His client is also concerned about the charge and would
like the opportunity to examine the reasonableness of the fees. Mr. Kanter indicated
that Mr. Rondeau is concerned with the environmental standards that the Municipality
is moving toward as the new definition of fill and the by-law will refer to a lengthy table
and questioned whether the Municipality has the financial or technical resources to do
the kind of review that will be required. His client is also concerned with transition
issues as he had submitted an application in February and does not think he should
be subjected to new rules. Mr. Kanter stated Site Alteration by-laws are fairly new and
are under the jurisdiction of the Municipal Act not the Planning Act. He noted the
by-law was introduced last week and he has not had an opportunity to review it.
Mr. Kanter stated the by-law will have a significant impact on others, including the
business community, developers, gravel operators, etc. and they would expect there
to be full consultation. Mr. Kanter referred to correspondence from John O’Toole,
MPP, Durham, which suggests the need for provincial regulation and that is an
alternative. Mr. Kanter is requesting that the proposed amendment be referred back
to staff for further consultation and appropriate notice. He summarized by stating that
the focus should be on clean fill, not the source, and that the amendment goes too far
with the prohibition of fill in Section 2.5.
COMMUNICATIONS
Resolution #C-103-12
Moved by Councillor Traill, seconded by Councillor Woo
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 8, I - 4, and I - 15.
“CARRIED”
I - 1 Minutes of the Clarington Agricultural Advisory Committee dated March 8,
2012
I - 2 Minutes of the Ganaraska Region Source Protection Authority dated
March 15, 2012
Council Meeting Minutes - 6 - March 26, 2012
I - 3 Albert Sweetnam, Executive Vice President, Nuclear Projects, Ontario
Power Generation (OPG), advising that OPG is continuing with the
planning and design work for refurbishment and continued operation of the
Darlington Nuclear Generating Station and that in December 2011, OPG
submitted the Environmental Impact Statement (EIS) and technical support
documents to the Canadian Nuclear Safety Commission (CNSC);
indicating the EIS has concluded that, taking into account proposed design
and mitigation measures, the refurbishment and continued operation of the
Darlington Nuclear Station will not result in any significant adverse effects
on the environment or on the health and safety of workers or the public;
noting that a detailed technical and public review of the EIS and supporting
information will be presented to the CNSC in a public hearing, likely to be
held in the fall of 2012; and, encouraging Members of Council to call their
toll-free information line 1-866-487-4600 or visit the project website at
www.opg.com/darlingtonrefurb for copies of the submissions or to contact
Davinder Valeri, Director of Strategic Planning & Stakeholder Relations at
416-592-6160 for further information.
I - 5 Linda Jeffrey, Minister Responsible for Seniors, advising of the 2012
Senior Achievement Award Program, an annual program to celebrate the
accomplishments and contributions made by individuals after they have
reached the age of 65 in fields including arts, literature, community service,
voluntarism, education, environment, fitness and humanitarian;
encouraging Council to nominate a deserving senior; indicating nomination
forms and information outlining details of the program, the selection criteria
and the procedures are available at www.ontario.ca/honoursandawards;
and, advising the deadline for nomination is June 15, 2012.
I - 6 Melodee Smart, Administrative Assistant, Works Department, Regional
Municipality of Durham, forwarding copies of the following documents, in
accordance with the Notice of Approval to Proceed with the Undertaking
regarding the Amended Environmental Assessment for Durham and York
Residual Waste Study, Condition 3 Public Record:
Letter to the Ministry of the Environment dated February 23, 2012,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the Revised Ambient Air
Monitoring and Reporting Plan (Environmental Assessment
Condition 11)
February 10, 2012 Durham-York Energy Centre Ambient Air Quality
Monitoring Plan
Letter to the Ministry of the Environment dated February 3, 2012,
with a copy to the EFWAC, York Regional Clerk and Durham
Regional Clerk, regarding Submission of the January 2012
Complaint and Inquiry Log
Council Meeting Minutes - 7 - March 26, 2012
January 2012 Durham York Energy Centre Call Centre Log
January 2012 Durham York Energy Centre Complaint Protocol Log
January 2012 Durham York Energy Centre Website Traffic Report
and, advising that the documents are also available on the EFW
project website at http://www.durhamyorkwaste.ca/project/efw-
committee.htm.
I - 7 The Honourable Bev Oda, P.C., MP, writing to the Honourable Peter Kent,
Minister of the Environment, advising Camp 30, a well-known internment
camp for high ranking German Army and Navy officers during World War II
located in the Municipality of Clarington, is currently under threat of
demolition and redevelopment; and, requesting any assistance the Minister
can provide in having Camp 30 recognized by the National Historic Sites
and Monuments Boards as an important part of Canadian history.
I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Honourable Dalton McGuinty, Premier of Ontario, advising that on
March 7, 2012, Regional Council adopted the following resolution
pertaining to the Report from the Commissioner of Finance regarding
“Commission on the Reform of Ontario’s Public Services”:
“a) THAT Report #2012-J-8 from the Commissioner of Finance be received
for information;
b) THAT the Region of Durham urges the Province of Ontario to give at
least 60 days notice prior to any potential changes as a result of the
report on the Commission on the Reform of Ontario’s Public Services
(Drummond Report) so that municipalities, the Association of
Municipalities of Ontario (AMO), the Association of Local Public Health
Agencies (alPHa); Durham Region Non-Profit Housing Corporation;
Durham Regional Local Housing Corporation; and Durham’s MPPs can
provide comments in advance;
c) THAT Report #2012-J-8 from the Commissioner of Finance and the
corresponding slide presentation be placed on the Region’s website
under the heading ‘Commission on the Reform of Ontario’s Public
Services – The Drummond Report’; and
d) THAT a Media Release be created to advise the residents of Durham
that this information is located on the Region’s website.”
I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Ministry of the Environment, advising that on March 7, 2012, Regional
Council adopted the following resolution pertaining to Source Water
Protection Planning Pre-Consultation Process – Summary of Comments
by Durham Region in Response to Draft Source Protection Policies:
Council Meeting Minutes - 8 - March 26, 2012
“a) THAT Regional staff comments on the draft source protection policies
provided directly to the Trent Conservation Coalition Source Protection
Committee, the South Georgian Bay-Lake Simcoe Source Protection
Committee and the Credit-Toronto Region-CLOCA (CTC) Source
Protection Committee during their respective pre-consultation
processes be received for information; and
b) THAT a copy of Joint Report No. 2012-J-7 be forwarded to the Ministry
of the Environment (Source Protection Planning Branch), the
Association of Municipalities of Ontario, the three Durham source
protection committees, the Region’s conservation authorities and the
eight local area municipalities for their information.”
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding
certified copies of the following by-laws approved by Regional Council on
February 15, 2012:
By-law #07-2012 being a by-law to establish tax ratios for 2012 and
to specify the percentage by which tax rates are to be reduced for
prescribed property subclasses;
By-law #08-2012 being a by-law to set and levy rates of taxation for
the Regional Solid Waste Management purposes for the year 2012;
By-law #09-2012 being a by-law to set and levy rates of taxation for
the Durham Region Transit Commission for the year 2012; and
By-law #10-2012 being a by-law to set and levy rates of taxation for
the Regional General Purposes for the year 2012.
I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on March 7, 2012, Regional Council adopted the following
resolution pertaining to Annual Subdivision/Condominium Activity Report
for 2011:
“a) THAT Report #2012-P-21 of the Commissioner of Planning and
Economic Development be received for information; and
b) THAT a copy of Report #2012-P-21 be forwarded to the area
municipalities.”
I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding
for information a copy of Report No. 2012-P-20 of the Commissioner of
Planning and Economic Development regarding the 2011 Census of
Population – Population and Dwelling Counts Release.
Council Meeting Minutes - 9 - March 26, 2012
I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural
Affairs, advising that on March 7, 2012, Regional Council adopted the
following resolution pertaining to the Rural Connections Broadband
Network Project:
“a) THAT the Ontario Ministry of Agriculture, Food and Rural Affairs be
informed of the Regional Municipality of Durham’s inability to proceed
with the Rural Connections Broadband Network project due to the fact
that Xplornet was unable to purchase or lease the licensed 3.5GHz
Spectrum by December 31, 2011 which was required to proceed with
the project;
b) THAT the Finance Department be authorized to submit a final report to
the Ontario Ministry of Agriculture, Food and Rural Affairs to request
compensation for one third of the project management costs incurred to
date;
c) THAT the Regional Chair be authorized to write to the Honourable
Christian Paradis, MP, Federal Minister of Industry, requesting Industry
Canada to set aside rural areas from urban areas and deal separately
with them in the next spectrum auction, to ensure that Rural Internet
Service Providers can avail themselves of much needed licensed
spectrum; and
d) THAT a copy of Report #2012-EDT-8 be forwarded to Durham MP’s
and MPP’s; area municipalities; GTA Regions; Canadian Radio-
television and Telecommunications Commission; Commissioner for
Complaints for Telecommunications Services; Ontario Ministry of
Agriculture, Food and Rural Affairs; Ministry of Agriculture and Agri-
Food Canada; Association of Municipalities of Ontario; Federation of
Canadian Municipalities; Rogers; Bell; and Inukshuk Wireless.”
I - 16 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario,
advising that on February 23, 2012, Ajax Town Council adopted the
following resolution pertaining to the Drummond Report:
“THAT the Government of Ontario be urged to notify and consult with all
municipalities in the province and with significant municipal government
and professional organizations, such as AMO, AMCTO, MFOA and others,
at least sixty days prior to the implementation of any of the
recommendations resulting from the Drummond Report; and,
Council Meeting Minutes - 10 - March 26, 2012
THAT notice of this resolution be circulated to the Premier of Ontario, Joe
Dickson – Ajax-Pickering MPP, all other MPPs in Durham Region, the
Leaders of the Ontario Opposition Parties, all municipalities in Durham
Region, AMO, AMCTO and MFOA.”
I - 17 John Bolognone, City Clerk, City of Kingston, advising Council that on
February 21, 2012, the City of Kingston adopted the following resolution
pertaining to increase in Provincial payment-in-lieu of taxes:
“WHEREAS in 1970 the rate of provincial payments in lieu of taxes for
universities was arbitrarily set at $25 per full time student; and
WHEREAS in 1973 that was doubled to $50 per student and the payment
was expanded to include hospitals and provincial correctional institutions;
and
WHEREAS in 1987 that rate was increased by 50%, still without apparent
justification, to $75 per student and bed; and
WHEREAS that rate has remained constant since that time despite the fact
that inflation would in 2012 require an almost doubling the payment ($146);
and
WHEREAS at least sixty-five communities have called for an increase in
payments; and
WHEREAS heads of universities are supporting that call; and
WHEREAS Premier McGuinty has looked to the municipalities of the
province to be the economic engine of Ontario; and
WHEREAS the payments in lieu of taxes do not meet the actual costs of
municipalities to provide the necessary services for the various institutions,
thus placing an unfair tax burden on their property tax payers, thereby
jeopardizing a municipality’s ability to meet infrastructure demands, and
consequently weakening their ability to act as economic engines;
THEREFORE BE IT RESOLVED THAT the City of Kingston calls on the
government of the Province of Ontario to include in the budget now being
prepared an increase to the payments in lieu of taxes; and
THAT the City of Kingston calls on the Province of Ontario to meet with the
host municipalities for the purpose of reviewing the basis for payments in
lieu of taxes, and determining a stable foundation going forward for those
payments that meets associated costs prior to the 2013 budget cycle; and
Council Meeting Minutes - 11 - March 26, 2012
THAT copies of this motion be sent to: the Premier Dalton McGuinty; the
Honourable Dwight Duncan, Minister of Finance; the Honourable John
Gerretsen, MPP for Kingston and Islands; all Ontario municipalities with
any of hospitals, post secondary institutions or provincial correctional
institutions; the Large Urban Mayors Caucus of Ontario (LUMCO); the
Eastern Ontario Mayors Committee (EOMC), and the Association of
Municipalities of Ontario (AMO).
I - 18 Susan Self, Chair CTC Source Protection Committee, advising that the
Draft Proposed Source Protection Plans for the Trent Conservation
Coalition Source Protection Region, documents outlining policies that will
address identified threats to water supplies used for municipal drinking
water systems, a public notice and a fact sheet have been posted to their
website at http://www.trentsourceprotection.on.ca and are available for
public review in the Municipal Clerk’s Department until April 23, 2012.
I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on March 7, 2012, Regional Council adopted the following
resolution pertaining to potential change to the method of selecting the
Regional Chair:
“a) THAT a Public Meeting of Regional Council be held on April 4, 2012 in
the Regional Council Chambers at the beginning of the regular Regional
Council meeting, to consider passing a by-law to change the method of
selecting the Regional Chair to election by general vote, in accordance
with the Municipal Elections Act, 1996; and
b) THAT a copy of Report #2012-A-8 of the Regional Clerk be forwarded
to the area municipalities.”
Resolution #C-104-12
Moved by Councillor Traill, seconded by Councillor Neal
THAT Correspondence Item I - 8 from P. M. Madill, Regional Clerk, Regional
Municipality of Durham, with respect to potential change to the method of selecting
the Regional Chair, be received for information.
“CARRIED”
Council Meeting Minutes - 12 - March 26, 2012
I - 4 John R. O’Toole, MPP, Durham, writing to the Honourable Jim Bradley,
Minister of the Environment, forwarding a copy of correspondence from the
Township of Brock regarding a request for Provincial regulations on
commercial fill operations in support of the Municipality of Clarington’s
December 19, 2011, resolution regarding commercial fill; indicating that he
supports the Municipality of Clarington’s position which has been endorsed
by other municipalities; and questioning the Minister as to what steps will
be taken to establish clear regulations, guidelines and approvals as
requested by many municipalities in Ontario.
Resolution #C-105-12
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 4 from John R. O’Toole, MPP, Durham, with respect
to Provincial regulations on commercial fill operations, be received for information.
“CARRIED”
I - 15 Dianne McKenzie, Executive Director, Epilepsy Durham Region thanking
Council for proclaiming March as “Epilepsy Awareness Month” and March
26, 2012 as “Purple Day for Epilepsy Awareness”, thereby fostering a
relationship of mutual respect and trust for those who have been living in
isolation; congratulating Council on their efforts to make positive changes
in the community; advising this year Epilepsy Durham Region is
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celebrating its 25 Anniversary, and will continue to support families and
children, meet the growing demand for their services in the community,
and raise awareness; indicating that they rely solely on donations from the
public to provide programs and services; and, inviting Council to become a
partner in raising awareness, eradicating stigma and ensuring that no child
living with epilepsy does so alone.
Resolution #C-106-12
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 15 and the presentation of Dianne McKenzie,
Executive Director, Epilepsy Durham Region, be received with thanks.
“CARRIED”
Council Meeting Minutes - 13 - March 26, 2012
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 5 to D - 8 were received as Hand-outs.
Resolution #C-107-12
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Items D - 1, D - 2 and Hand-out Correspondence Items
D - 5, D - 7 and D - 8 be approved as per the Agenda.
“CARRIED”
D - 1 Jack Bergs forwarding a list of individuals concerned with the noise that
emanates from the Union Rod and Gun Club at times of shooting activities;
and, requesting that sound monitoring take place on their properties to
determine if the noise level is in compliance with the Municipality’s Noise
by-law.
(Correspondence referred to staff)
D - 2 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to David Ullrich, Executive Director, Great Lakes & St.
Lawrence Initiative, advising that on March 8, 2012, Ajax Town Council
adopted the following resolution pertaining to the Great Lakes and St.
Lawrence Cities Initiative-Status Update and Resolution for the 2012
Annual Meeting:
“1. THAT the report entitled “Great Lakes and St. Lawrence Cities
Initiative-Status Update and Resolution for the 2012 Annual Meeting”,
dated March 8, 2012, be endorsed;
2. THAT this staff report and the attached resolution be sent to the
Canadian and Ontario Ministers of the Environment as input to the
revised Great Lakes Water Quality Agreement, the renewed Canada-
Ontario Agreement Respecting the Great Lakes Basin Ecosystem and
the Ontario Great Lakes Protection Act; and
3. THAT this report be sent to the Executive Director of the Great Lakes
and St. Lawrence Cities Initiative, Durham Region, the area
municipalities in Durham Region, the Toronto and Region Conservation
Authority, the Central Lake Ontario Conservation Authority,
Conservation Ontario and the Association of Municipalities of Ontario.”
(Correspondence referred to staff)
Council Meeting Minutes - 14 - March 26, 2012
D - 5 Paula Tenuta, MCIP RPP, Vice President, Policy & Government Relations,
Building Industry and Land Development Association (BILD) expressing
concern with the proposed amendments to the site alteration by-law (Item
6 of Report #1), particularly with respect to restricting the source of fill to
only that which comes from within Clarington, related proposed permit fee
increase and various transition provision items; and, requesting Council to
revisit the proposed transition policies and to defer the matter to allow for
additional consultation with the affected BILD Durham Chapter members.
(Advised of actions taken regarding Report
EGD-010-12)
D - 7 Ronald M. Kanter, MacDonald, Sager Manis, LLP, on behalf of Richard
Rondeau, owner of 3061 RR 20, indicating that prior to purchasing the
property, his client contacted the municipality to determine if a permit was
needed to dump clean fill on the site and were told they did not require a
permit; subsequently his client received a stop work order and were
advised they did require a permit and submitted an application on February
28th to dump fill; expressing concern that on March 20th Mr. Rondeau was
advised that a recommendation was approved at the General Purpose and
Administration Committee meeting on March 19th proposing an
amendment to the by-law which will impact not only his client, but will
affect major infrastructure projects. Mr. Rondeau is also concerned about
the proposed fee and is requesting that Council refer the proposed
amendment back to Committee for further consideration.
(Advised of actions taken regarding Report
EGD-010-12)
D - 8 Michael Scott, Policy & Legislation Manager, Ontario Stone, Sand &
Gravel Association (OSSGA), advising that OSSGA, a non-profit industry
association representing over 250 producers of sand, gravel and crushed
stone and suppliers, supplies the majority of aggregate consumed annually
in Ontario and the essential building materials to all levels of government
for their infrastructure needs; expressing concern regarding the proposed
changes to the site alteration by-law, specifically with respect to source
restrictions and potential impacts; and, requesting the opportunity to review
the proposed amendment and to provide detailed comments.
(Advised of actions taken regarding Report
EGD-010-12)
D - 3 Linda Jeffrey, Minister Responsible for Seniors, extending an invitation to
Council to participate in the 2012 Senior of the Year Awards by nominating
one outstanding local senior who, after age 65, has enriched the social,
cultural or civic life of the community without thought of personal or
financial gain. Nomination forms for The Senior of the Year Award are
available on the Ministry of Citizenship and Immigration’s website at
www.ontario.ca/honoursandawards and are due by April 30, 2012.
Council Meeting Minutes - 15 - March 26, 2012
Resolution #C-108-12
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item D - 3 from Linda Jeffrey, Minister Responsible for
Seniors, with respect to the 2012 Senior of the Year Awards, be referred to staff, the
Clarington Older Adult Association, and Community Care Durham and be posted on
the Municipality’s website.
“CARRIED”
D - 4 Lynn Clark, Deputy Clerk, Township of Havelock-Belmont-Methuen,
advising Council that on March 5, 2012, the Township of Havelock-
Belmont-Methuen adopted the following resolution pertaining to the
Ontario Wildlife Damage Compensation Program:
“WHEREAS predation of Livestock by Wildlife is a recognized problem in
Ontario as evidenced by the need for the Ontario Wildlife Damage
Compensation Program; and
WHEREAS the purpose of the Ontario Wildlife Damage Compensation
Program is to provide financial assistance to producers whose livestock,
poultry or honey bees have been injured or killed as a result of Wildlife;
and
WHEREAS one of the recent changes to the eligibility requirements under
the Ontario Wildlife Damage Compensation Program is that all applicants
must have a valid Farm Business Registration Number (FBR); and
WHEREAS the change in eligibility requiring a valid FBR is very unfair for
those who do not meet the eligibility criteria, such as hobby farmers that do
not meet the criteria for a FBR number, those that raise their own meat to
support their families, or those that have animals as pets or for pleasure,
are now deemed ineligible for reimbursement under the program;
NOW THEREFORE BE IT RESOLVED that the Minister of Agriculture,
Food and Rural Affairs is asked to reconsider the eligibility requirements
that all applicants must have a valid Farm Business Registration Number,
with the intent to enable financial assistance similar to the previous
program to a wider array of livestock producers whose livestock have been
injured or killed as a result of Wildlife; and
FURTHER THAT a copy of this resolution be circulated to the Minister of
Agriculture, Food and Rural Affairs; MPP Jeff Leal; the Association of
Municipalities of Ontario; and all the municipalities in Ontario to request
their support.”
Council Meeting Minutes - 16 - March 26, 2012
Resolution #C-109-12
Moved by Councillor Novak, seconded by Councillor Partner
THAT the resolution from the Township of Havelock-Belmont-Methuen, with respect
to the Ontario Wildlife Damage Compensation Program, be referred to the Clarington
Agricultural Advisory Committee.
“CARRIED”
D - 6 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, advising
that on March 19, 2012, the Township of Brock adopted the following
resolution pertaining to Regional Chair Selection:
“WHEREAS the Regional Municipality of Durham has scheduled a formal
public meeting with respect to changing the format of selecting its Regional
Chair for April 4, 2012;
AND WHEREAS, should the requisite by-law be enacted by Regional
Council, it will be circulated to each area municipality for their respective
assent as part of the triple majority required;
NOW THEREFORE BE IT RESOLVED the Council of the Township of
Brock adopts the following:
1. THAT, in the event the by-law is circulated to each area municipality,
staff be instructed to establish a formal public meeting for the purpose
of receiving public input for the purpose of assisting Council in their
deliberations with respect to this matter;
2. THAT all of the area municipalities in the Region of Durham be
respectfully requested to host their own local public meetings to receive
public input;
3. THAT this resolution be circulated to all area municipalities within the
Region of Durham for action; and,
4. THAT this resolution be circulated to the Region of Durham for
information.”
Council Meeting Minutes - 17 - March 26, 2012
Resolution #C-110-12
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item D - 6 from the Township of Brock, with respect to
Regional Chair Selection, be received for information.
"CARRIED"
COMMITTEE REPORTS)
Report#1 - General Purpose and Administration Committee Report March 19, 2012.
Resolution #C-111-12
Moved by Councillor Novak, seconded by Councillor Neal
THAT the General Purpose and Administration Committee Report of March 19, 2012
be approved, with the exception of Items #6, #1(e), #16, #8 and #3.
"CARRIED"
Item #6
Resolution #C-112-12
Moved by Councillor Novak, seconded by Councillor Partner
THAT Report EGD-010-12 be received;
THAT the proposed amendments to the Site Alteration By-Law 2008-114 and the
Noise By-Law 2007-071 be approved by adopting the amending by-law attached to
Report EGD-010-12 as Attachment 1 as amended with the Large Fill Operations >
500m3 fees at:
$1000>500m3 plus $1.00/m3 of fill
to be consistent with Scugog Township and Ganaraska Region Conservation
Authority fees;
THAT the fees collected be set aside in a reserve account for rural road rehabilitation;
and
Council Meeting Minutes - 18 - March 26, 2012
THAT a copy of Report EGD-010-12 and Council’s decision be forwarded to the
interested parties listed in Report EGD-010-12.
“CARRIED”
Item #1(e)
Resolution #C-113-12
Moved by Councillor Neal, seconded by Councillor Partner
THAT Report FND-006-12 be received for information; and
THAT Veridian Corporation be requested to provide a detailed breakdown of
expenses.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Mayor Foster √
Item #16
Resolution #C-114-12
Moved by Councillor Neal, seconded by Councillor Woo
THAT Item #16 of Report #1, Expropriation of West Beach Lands for Bowmanville
Waterfront District Park – Proposed Settlement of Port Darlington Harbour Company,
et al claim,be tabled to the next General Purpose and Administration Committee
meeting for review of legal and other costs claimed by the Port Darlington Harbour
Company.
“CARRIED”
Council Meeting Minutes - 19 - March 26, 2012
Item #8
Resolution #C-115-12
Moved by Councillor Traill, seconded by Councillor Neal
THAT Report CLD-009-12 be received;
THAT the Animal Services’ service levels remain status quo;
THAT the issue of After Hours Emergency Animal Services be referred to the 2013
Budget for consideration; and
THAT staff report back on expanding the level of volunteerism at the Animal Shelter.
“CARRIED”
Item #3
Resolution #C-116-12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Report CLD-012-12 be received;
THAT the request for a noise exemption from Mr. Rai Scimone for the Cosmic
Campout Festival to be held on May 18, 19 and 20, 2012 at the Orono Fairgrounds,
be approved; and
THAT all interested parties listed in Report CLD-012-12 be advised of Council’s
decision.
“CARRIED”
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
Council Meeting Minutes - 20 - March 26, 2012
BY-LAWS
Resolution #C-117-12
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2012-006 and By-laws 2012-018 to
2012-025
2012-006 Being a By-law to adopt Amendment No. 77 to the Clarington Official
Plan
2012-018 Being a by-law to exempt a certain portion of Registered Plan
40M-2459 from Part Lot Control
2012-019 Being a by-law to exempt a certain portion of Registered Plan
40M-2202 from Part Lot Control
2012-020 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Municipality of Clarington (2134359 Ontario Ltd.)
(Baywood Homes)
2012-021 Being a by-law to amend By-law 2009-123, the Sign By-law for the
Corporation of the Municipality of Clarington
2012-022 Being a by-law to amend Site Alteration By-law 2008-114 and Noise
By-law 2007-071
2012-023 Being a by-law to establish certain lands as public highways
2012-024 Being a By-law to exempt a certain portion of Registered Plan
40M-2459 from Part Lot Control
2012-025 Being a By-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Steve Derrett); and
THAT the said by-laws be approved.
“CARRIED”
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
Council Meeting Minutes - 21 - March 26, 2012
OTHER BUSINESS
Resolution #C-118-11
Moved by Councillor Partner, seconded by Councillor Neal
THAT the rules of procedure be suspended to allow for the introduction of a new item
of business.
“CARRIED”
Resolution #C-119-11
Moved by Councillor Partner, seconded by Councillor Traill
WHEREAS Ontario Slots at Racetracks program has, for over a decade, provided
mutual benefit to the Province of Ontario and the horse racing industry; and
WHEREAS the Government has announced the cancellation of the Slots at
Racetracks Program, jeopardizing the future of the horse racing and breeding industry
in Ontario at the cost of thousands of jobs and $2 billion in economic activity; and
WHEREAS Clarington Council supports the various sectors of agriculture with regard
to policies that affect the health, economic viability and sustainability of agriculture;
and
WHEREAS the horse breeding, rearing and training industry in Clarington, plus the
spin-off jobs for farmers that grow the feed, veterinarians, blacksmiths, tack industry,
mechanics, drivers and racetrack employees;
NOW BE IT RESOLVED THAT Clarington Council request the Government of Ontario
work with the horse racing industry to reinstate and improve the Slots at Racetracks
Program with its revenue sharing agreement to sustain and grow the horse racing
industry to the benefit of our communities; and
FURTHER THAT this resolution be circulated to the Legislative Assembly of Ontario
and all members of AMO.
“CARRIED”
Councillor Neal questioned the timing of the report on designating Clarington as a
“Blue Community”. The Commissioner of Community Services indicated that staff
are in the preparatory stages of the report and he will confer with the Director of
Operations and respond to Council by memo this week regarding the anticipated
timing of the report.
Council Meeting Minutes - 22 - March 26, 2012
CONFIRMING BY-LAW
Resolution #C-120-12
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2012-026, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 26th day of March, 2012; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-121-12
Moved by Councillor Partner, seconded by Councillor Woo
THAT the meeting adjourn at 8:45 p.m.
"CARRIED"
P
MAYOR(---,/' M A LERK